Examination Paper for Civil Judges & Judicial Magistrates (Test Paper-II)

HIGH COURT OF SINDH AT KARACHI EXAMINATION PAPER FOR CIVIL JUDGES & JUDICIAL MAGISTRATES (TEST PAPER-II) April 2015 Time: 3 hours Total Marks: 100 Note: Question No. 1 is compulsory. Out of rest attempt any four questions. Q.1 (A) 'A' is charged for murder, whereas, 'B' is charged of associating 'A' to hide dead body with the intention of screening 'A' from punishment. Legal heirs of the deceased compound their right of Qisas with 'A' by taking blood money. Whether 'A' & 'B' can get an acquittal? Discuss the underlying principle. (7 marks) (B) 'A' being the executor of the Will and only son of deceased testator destroys the Will with the intention to deprive the beneficiary of the Will. State as to whether 'A' has committed any offence, if yes. Discuss the underlying principle. (7 marks) (C) 'A' with the intention to cause loss to 'B' burns his prize bonds. Whether 'A' has committed any offence, if yes, discuss the underlying principle. (6 marks) Q.2 (A) Narrate the provisions in Limitation Act providing for exclusion of time in legal proceedings. (10 marks) (B) Whether the Court can condone the delay in filing the suit, if yes, narrate the grounds? (10 marks) Q.3 What is charge? Under what circumstances there can be joinder of charges? How charge differs from FIR? (20 marks) Q.4 Write note on any four of the following: (20 marks) A. What are facts in issue and relevant facts? B. What are admissions including confession. C. What are the facts that need not to be proved? D. What are the facts, the existence whereof is presumed by the Court. E. Mitigating circumstances. Q.5 (A) Define Receiver. How and in what manner Receiver can be appointed? (10 marks) (B) Define Gift. How Gift of existing and future property is to be made? (10 marks) Q.6 (A) What is meant by confession? Is there any difference between judicial confession and extra judicial confession, if yes, explain. (10 marks) (B) What do you understand by the terms inculpatory and exculpatory confession. (10 marks)